U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:02-cv-05017

Transcription

1 US District Court Civil Docket as of 01/25/2006 Retrieved from the court on Tuesday, February 07, 2006 U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:02-cv Horn et al v. Kertzman et al Assigned to: Hon. Martin J. Jenkins Demand: $0 Cause: 15:78m(a) Securities Exchange Act Plaintiff Charles Horn inidividually and on behalf of all others similarly situated Date Filed: 10/17/2002 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Eric J. Belfi Murray, Frank & Sailer LLP 275 Madison Avenue Suite 801 New York, NY Fax: Michael M. Goldberg Glancy & Binkow LLP 1801 Avenue of the Stars, Suite 311 Los Angeles, CA / Fax: (310) Lionel Z. Glancy Glancy & Binkow LLP 1801 Avenue of The Stars Suite 311 Los Angeles, CA Fax: Robert A. Jigarjian Green Welling LLP 235 Pine Street

2 15th Floor San Francisco, CA Fax: Plaintiff Chiang Plaintiffs Group represented by Eric J. Belfi (See above for address) Lionel Z. Glancy (See above for address) Michael M. Goldberg (See above for address) Plaintiff Neil Esterkin represented by Andrew L. Barroway Schiffrin & Barroway, LLP Fax: Eric J. Belfi (See above for address) Robert S. Green Green Welling LLP 595 Market Street Suite 2750 San Francisco, CA / Fax:

3 Darren J. Check, Esq. Schiffrin & Barroway, LLP Gregory M. Castaldo Schiffrin & Barroway LLP Jacob Goldberg Schiffrin & Barroway Three Bala Plaza East, Suite 400 Bala Cynwyd, PA Fax: Karen Reilly Schiffrin & Barroway LLP Kay E. Sickles Robert A. Jigarjian (See above for address) Sean M. Handler, Esq. Schiffrin & Barroway, LLP 610/ Fax: 610/

4 Stuart L. Berman Schiffrin & Barroway, LLP 610/ V. Defendant Mitchelle E. Kertzman represented by Nicole M. Healy Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA (650) Defendant Nancy J. Hilker Defendant Liberate Technologies represented by Garrett J. Waltzer Skadden Arps Slate Meagher & Flom, LLP 525 University Avenue Palo Alto, CA / James E. Lyons Skadden, Arps, Slate, Meagher & Flom LLP Four Embarcadero Center Suite 3800 San Francisco, CA / Fax: Mark Ryan Scott Foster, Esq. Morrison & Foerster LLP 425 Market Street

5 San Francisco, CA Fax: Thomas E. Stevens Skadden Arps Slate Meagher & Flom, LLP 525 University Avenue Suite 1100 Palo Alto, CA Fax: Date Filed # Docket Text 10/17/ COMPLAINT ; summons issued against Nancy J. Hilker, Mitchelle E. Kertzman, Liberate Technologies (Filing fee $150; receipt number ). Filed by Charles Horn. (slh, ) (Entered: 10/21/2002) 10/17/ CERTIFICATE of Counsel Michael Golderg by Charles Horn. (slh, ) (Entered: 10/21/2002) 10/17/ SEC CLASS ACTION SCHEDULING ORDER: SEC Class Action Notice due by 11/6/2002. Case Management Conference set for 2/18/2003 at 02:00 PM. (slh) (Entered: 10/21/2002) 11/06/ WAIVER OF SERVICE Returned Executed, by Charles Horn. Mitchelle E. Kertzman waiver sent on 10/28/2002, answer due 12/27/2002; Liberate Technologies waiver sent on 10/28/2002, answer due 12/27/2002 (slh, ) (Entered: 11/07/2002) 11/12/ NOTICE of Related Case C MJJ by Charles Horn. (slh, ) (Entered: 11/15/2002) 11/18/ ORDER by Judge Martin J. Jenkins relating case 3:02-cv-5017 with member case 3:02-cv (slh) (Entered: 11/19/2002) 11/27/ CERTIFICATE OF SERVICE by Mitchelle E. Kertzman, Liberate Technologies (slh, ) (Entered: 11/27/2002) 12/06/ STIPULATION AND ORDER by Judge Martin J. Jenkins consolidating cases 3:02-cv-5017, 3:02-cv-5131, 3:02-cv-5319, and 3:02-cv (slh) (Entered: 12/10/2002) 12/12/ NOTICE OF ENTRY of Order [8] by Mitchelle E. Kertzman, Liberate Technologies. (slh, ) (Entered: 12/17/2002)

6 12/16/ MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Chiang Plaintiffs Group. Motion Hearing set for 1/28/ :00 AM. (ci, ) (Entered: 12/18/2002) 12/16/ MEMORANDUM in Support re [10] MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Chiang Plaintiffs Group. (Related document(s)[10]) (ci, ) (Entered: 12/18/2002) 12/16/ DECLARATION in Support re [10] by Lionel Z. Glancy re MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Chiang Plaintiffs Group. (Related document(s)[10]) (ci, ) (Entered: 12/18/2002) 12/16/ MOTION to Consolidate Actions and to Appoint Lead Plaintiff and Lead Counsel filed by Neil Esterkin. Motion Hearing set for 1/21/ :30 AM. (ci, ). (Entered: 12/18/2002) 12/16/ DECLARATION in Support re [13] by Sean M. Handler re MOTION to Consolidate Actions and to Appoint Lead Plaintiff and Lead Counsel filed by Neil Esterkin. (Related document(s)[13]) (ci, ) (Entered: 12/18/2002) 12/16/ CERTIFICATE OF SERVICE by Neil Esterkin re [13], [14] (ci, ) (Entered: 12/18/2002) 12/18/ Amended MOTION to Consolidate Actions, to Appoint Neil Esterkin as Lead Plaintiff Pursuant to Section 21D (a) 3 (B) of the Securities Exchange Act of 1934 and to Approve Plaintiff's Choice of Counsel filed by Neil Esterkin. Motion Hearing set for 2/11/ :30 AM. (ci, ). (Entered: 12/23/2002) 01/06/ ORDER The hearing currently scheduled for 1/28/2003 at 9:30 AM for Chiang Plaintiffs Group's motion for appointment as lead plaintiff and approval of lead plaintiff's selection of counsel is vacated and continued until 2/25/2003 at 9:30 AM. Motion Hearing set for 2/25/ :30 AM. Signed by Judge Martin J. Jenkins on 1/6/2003. (vlh, ) (Entered: 01/08/2003) 01/10/ ORDER by Judge Martin J. Jenkins RELATING CASES CV with member case CV (slh) (Entered: 01/14/2003) 01/13/ CLERK'S NOTICE Continuing Motion Hearing re: plaintiff's Motion to Consolidate [16]; Motion Hearing set for 2/25/ :30 AM. (slh) (Entered: 01/14/2003) 01/14/ Notice of Withdrawal of Motion re [10] Motion to Appoint Lead Plaintiff and Lead Counsel filed by Chiang Plaintiffs Group. (slh, ) (Entered: 01/15/2003) 01/31/ NOTICE re [19] Clerk's Notice by Neil Esterkin. (slh, ) (Entered: 02/06/2003) 02/10/ CERTIFICATE OF SERVICE by Neil Esterkin re: amended stipulation and proposed order (slh, ) (Entered: 02/11/2003) 02/12/ CLERK'S NOTICE vacating the 2/18/03 Case Management Conference. (slh) (Entered: 02/21/2003) 03/18/ MOTION for Pro Hac Vice admission of attorney Jacob Goldberg (fee status pd) filed by Neil Esterkin. (slh, ) (Entered: 03/25/2003) 03/18/ CERTIFICATE/PROOF OF SERVICE by Neil Esterkin re [24] (slh, ) (Entered:

7 03/25/2003) 03/19/ ORDER by Judge Martin J. Jenkins GRANTING Motion for Pro Hac Vice admission of attorney Jacob A. Goldberg [24]. (slh) (Entered: 03/26/2003) 03/19/ ORDER by Judge Martin J. Jenkins GRANTING Neil Esterkin's Motion to Consolidate Cases, to Appoint himself as Lead Plaintiff, and to Approve his Choice of Counsel [16]; consolidating cases 3:02-cv-5017 with members cases 3:02-cv- 5131, 3:02-cv-5275, 3:02-cv-5319, 3:02-cv (slh) (Entered: 03/26/2003) 04/01/ NOTICE re [26] Order by Chiang Plaintiffs Group, Neil Esterkin, Charles Horn. (slh, ) (Entered: 04/03/2003) 04/13/ ORDER by Judge Martin J. Jenkins for Substitution of Attorney; Attorney Garrett J. Waltzer, Mark Ryan Scott Foster, and James E. Lyons added for defendant Liberate Technologies. (slh) (Entered: 04/17/2003) 04/21/ NOTICE re [29] Order by Liberate Technologies. (slh, ) (Entered: 04/23/2003) 07/21/ MOTION for Pro Hac Vice admission of attorney Stacie F. Beckerman (fee status: pd) filed by Liberate Technologies. (slh, ) (Entered: 07/22/2003) 07/21/ CERTIFICATE/PROOF OF SERVICE by Liberate Technologies re [31] (slh, ) (Entered: 07/22/2003) 07/22/ ORDER by Judge Martin J. Jenkins GRANTING defendant's Motion for Pro Hac Vice admission of attorney Stacie F. Beckerman [31]. (slh) (Entered: 07/24/2003) 11/17/ DECLARATION in Support DECLARATION OF JACOB A. GOLDBERG IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER filed by Charles Horn. (Jigarjian, Robert) (Filed on 11/17/2003) (Entered: 11/17/2003) 11/17/ STIPULATION AND [PROPOSED] ORDER by Charles Horn. (Jigarjian, Robert) (Filed on 11/17/2003) (Entered: 11/17/2003) 11/17/ CERTIFICATE OF SERVICE by Charles Horn re 34 Declaration in Support, 35 Stipulation (Jigarjian, Robert) (Filed on 11/17/2003) (Entered: 11/17/2003) 11/19/ ORDER granting 35 Stipulation filed by Charles Horn. Signed by Judge Martin J. Jenkins on 11/18/2003. (mat, COURT STAFF) (Filed on 11/19/2003) (Entered: 11/19/2003) 11/19/ MOTION for leave of attorney Karen Reilly to appear in Pro Hac Vice (fee status: pd) filed by Neil Esterkin. (slh, COURT STAFF) (Filed on 11/19/2003) (Entered: 11/25/2003) 11/20/ NOTICE by Charles Horn NOTICE OF ENTRY OF ORDER by Charles Horn. (Jigarjian, Robert) (Filed on 11/20/2003) (Entered: 11/20/2003) 11/20/ ORDER by Judge Martin J. Jenkins granting application of Karen Reilly for admission of attorney pro hac vice [41]. (gba, COURT STAFF) (Filed on 11/20/2003) (Entered: 12/04/2003) 11/24/ AMENDED COMPLAINT CONSOLIDATED AMENDED CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS against

8 all defendants. Filed by Charles Horn. (Jigarjian, Robert) (Filed on 11/24/2003) (Entered: 11/24/2003) 11/25/ CLERK'S NOTICE re: Documents E-Filed in a case not designated for ECF re: 34, 35, 36, 38, 39. (slh, COURT STAFF) (Filed on 11/25/2003) (Entered: 11/25/2003) 12/02/ ORDER granting 35 Stipulation filed by Charles Horn. Signed by Judge Martin J. Jenkins on 12/2/2003. (mat, COURT STAFF) (Filed on 12/2/2003) (Entered: 12/03/2003) 12/17/ Declaration of Garrett J. Waltzer in support of Stipulation and Proposed Order filed by Liberate Technologies. (slh, COURT STAFF) (Filed on 12/17/2003) (Entered: 12/22/2003) 12/17/ CERTIFICATE OF SERVICE by Liberate Technologies re [44] Declaration in Support (slh, COURT STAFF) (Filed on 12/17/2003) (Entered: 12/22/2003) 12/18/ STIPULATION AND ORDER by Judge Martin J. Jenkins that defendants shall respond to the Consolidate Amended Class Action Complaint on or before 2/23/04, and all other deadlines shall comport with those set forth in the 2/10/03 Amended Statipulation. (slh, COURT STAFF) (Filed on 12/18/2003) (Entered: 12/23/2003) 02/20/ STIPULATION AND ORDER by Judge Martin J. Jenkins that defendants shall respond to the Consolidate Amended Class Action Complaint on or before 3/26/04; if defendants file any motions directed at the Consolidate Amended Class Action Complaint, plaintiffs shall file any opposition on or before 5/7/01 and defendants shall file any replies on or before 5/31/04. (slh, COURT STAFF) (Filed on 2/20/2004) (Entered: 02/20/2004) 02/20/ Declaration of Garrett J. Waltzer in Support of Stipulation and Order [47] filed by Liberate Technologies. (Related document(s)[47]) (slh, COURT STAFF) (Filed on 2/20/2004) (Entered: 02/20/2004) 02/24/ NOTICE OF ENTRY by Liberate Technologies re Order [47].(slh, COURT STAFF) (Filed on 2/24/2004) (Entered: 02/26/2004) 03/23/ Declaration of Garrett J. Waltzer in support of Stipulation and Proposed Order filed by Liberate Technologies. (slh, COURT STAFF) (Filed on 3/23/2004) (Entered: 03/23/2004) 03/23/ CERTIFICATE OF SERVICE by Liberate Technologies re [50] Declaration in Support (slh, COURT STAFF) (Filed on 3/23/2004) (Entered: 03/23/2004) 03/24/ STIPULATION AND ORDER by Judge Martin J. Jenkins: defendants shall respond to the consolidated amended class action complaint on or before 4/30/04. (slh, COURT STAFF) (Filed on 3/24/2004) (Entered: 03/29/2004) 03/26/ NOTICE OF ENTRY of Order [52] by Liberate Technologies. (slh, COURT STAFF) (Filed on 3/26/2004) (Entered: 03/29/2004) 04/14/ Declaration of Garrett J. Waltzer in support of Stipulation and Proposed Order filed by Liberate Technologies. (slh, COURT STAFF) (Filed on 4/14/2004) (Entered: 04/19/2004) 04/14/ CERTIFICATE OF SERVICE by Liberate Technologies re [54] Declaration in

9 Support (slh, COURT STAFF) (Filed on 4/14/2004) (Entered: 04/19/2004) 04/16/ STIPULATION AND ORDER by Judge Martin J. Jenkins that defendants shall respond to the Consolidated Amended Class Action Complaint on or before 5/31/04. (slh, COURT STAFF) (Filed on 4/16/2004) (Entered: 04/20/2004) 04/20/ NOTICE OF ENTRY of Stipulation and Order [56] by Liberate Technologies. (slh, COURT STAFF) (Filed on 4/20/2004) (Entered: 04/21/2004) 05/05/ NOTICE of Automatic Stay by Liberate Technologies. (slh, COURT STAFF) (Filed on 5/5/2004) (Entered: 05/12/2004) 05/25/ STIPULATION re 39 Amended Complaint Re Enlargement of Time to Respond by Mitchelle E. Kertzman. (Healy, Nicole) (Filed on 5/25/2004) (Entered: 05/25/2004) 05/26/ ORDER granting 59 Stipulation filed by Mitchelle E. Kertzman. Signed by Judge Martin J. Jenkins on 5/26/2004. (mat, COURT STAFF) (Filed on 5/26/2004) (Entered: 05/26/2004) 10/20/ CERTIFICATE OF SERVICE by Chiang Plaintiffs Group, Neil Esterkin, Charles Horn re: Stiplation and Agreement of Settlement; Proposed Order granting Application for Preliminary Approval of Settlment (slh, COURT STAFF) (Filed on 10/20/2004) (Entered: 10/21/2004) 10/21/ ORDER by Judge Martin J. Jenkins GRANTING plaintiff's Application for preliminary approval of settlement, directing Notice of Pendency and Settlement of Class Action, and setting hearing date for final approval of settlement. (slh, COURT STAFF) (Filed on 10/21/2004) (Entered: 10/22/2004) 10/22/ CLERK'S NOTICE: Hearing set re: Final Approval of Settlement for 2/15/ :30 AM. (slh, COURT STAFF) (Filed on 10/22/2004) (Entered: 10/22/2004) 10/28/ NOTICE of Dismissal of Bankruptcy Action by Liberate Technologies (gba, COURT STAFF) (Filed on 10/28/2004) (Entered: 11/03/2004) 11/01/ NOTICE of Change of Firm Name by Chiang Plaintiffs Group, Neil Esterkin. (slh, COURT STAFF) (Filed on 11/1/2004) (Entered: 11/04/2004) 11/04/ STIPULATION AND ORDER by Judge Martin J. Jenkins and Agreement of Settlement. (slh, COURT STAFF) (Filed on 11/4/2004) (Entered: 11/09/2004) 11/05/ NOTICE of Change in Firm Name and Address by Chiang Plaintiffs Group, Neil Esterkin, Charles Horn. (slh, COURT STAFF) (Filed on 11/5/2004) (Entered: 11/12/2004) 11/09/ NOTICE OF ENTRY by Charles Horn, Neil Esterkin re [66] Stipulation and Order. (slh, COURT STAFF) (Filed on 11/9/2004) (Entered: 11/16/2004) 12/17/ STIPULATION AND ORDER re Revised Form of Notice. Notice attached as Exhibit A-1 to the Stipulation and Agreement of Settlement and to the form of Order granting Application for Preliminary Approval of Settlement. Signed by Judge Martin J. Jenkins on 12/15/04. (ys, COURT STAFF) (Filed on 12/17/2004) (Entered: 12/21/2004) 01/25/ NOTICE by Neil Esterkin NOTICE OF ENTRY OF ORDER (Green, Robert) (Filed

10 on 1/25/2005) (Entered: 01/25/2005) 01/25/ CERTIFICATE OF SERVICE by Neil Esterkin PROOF OF SERVICE (Green, Robert) (Filed on 1/25/2005) (Entered: 01/25/2005) 01/31/ NOTICE of Change of Address filed by Gregory M. Castaldo. (slh, COURT STAFF) (Filed on 1/31/2005) (Entered: 02/02/2005) 02/07/ MEMORANDUM of Points and Authorities in Support of Class Action Settlement filed byliberate Technologies. (slh, COURT STAFF) (Filed on 2/7/2005) (Entered: 02/09/2005) 02/07/ MOTION for (1) Final Approval of Settlement; (2) Approval of Plan of Allocation of Settlement Proceeds; and (3) Award of Attorney Fees and Reimbersement of Expenses filed by Charles Horn, Chiang Plaintiffs Group, Neil Esterkin. Motion Hearing set for 2/15/ :30 AM. (slh, COURT STAFF) (Filed on 2/7/2005) (Entered: 02/09/2005) 02/07/ MEMORANDUM in Support re [74] MOTION for Final Approval of Settlement filed bycharles Horn, Chiang Plaintiffs Group, Neil Esterkin. (Related document(s)[74]) (slh, COURT STAFF) (Filed on 2/7/2005) (Entered: 02/09/2005) 02/07/ Declaration of Richard S. Schiffrin in Support of [74] MOTION for Final Approval of Settlement, Plan of Allocation and Attorneys' Fees and Expenses Application filed bycharles Horn, Chiang Plaintiffs Group, Neil Esterkin. (Related document(s)[74]) (slh, COURT STAFF) (Filed on 2/7/2005) (Entered: 02/09/2005) 02/07/ MEMORANDUM OF LAW AND AUTHORITIES in Support re [74] MOTION for Approval of Plan of Allocation of Settlement Proceeds filed bycharles Horn, Chiang Plaintiffs Group, Neil Esterkin. (Related document(s)[74]) (slh, COURT STAFF) (Filed on 2/7/2005) (Entered: 02/09/2005) 02/07/ MEMORANDUM OF LAW in Support re [74] MOTION for Attorney Fees and Reimbursement of Expenses filed bycharles Horn, Chiang Plaintiffs Group, Neil Esterkin. (Related document(s)[74]) (slh, COURT STAFF) (Filed on 2/7/2005) (Entered: 02/09/2005) 02/07/ CERTIFICATE OF SERVICE by Charles Horn, Chiang Plaintiffs Group, Neil Esterkin re [76] Declaration in Support,, [77] Memorandum in Support, [74] MOTION for Attorney Fees MOTION Approval of Plan of Allocation of Settlement Proceeds MOTION Approval of Plan of Allocation of Settlement Proceeds MOTION for Settlement MOTION for Settlement, [78] Memorandum in Support, [75] Memorandum in Support (slh, COURT STAFF) (Filed on 2/7/2005) (Entered: 02/09/2005) 02/09/ Declaration of Robert S. Green in Support of [74] MOTION Approval of the Settlement and Plan of Allocation and for an Award of Attorneys' Fees and Expenses filed bycharles Horn, Chiang Plaintiffs Group, Neil Esterkin. (Related document(s)[74]) (slh, COURT STAFF) (Filed on 2/9/2005) (Entered: 02/14/2005) 02/10/ MOTION of Kay E. Sickles for leave to appear in Pro Hac Vice (fee paid) filed by Neil Esterkin. (slh, COURT STAFF) (Filed on 2/10/2005) (Entered: 02/14/2005) 02/14/ ORDER by Judge Martin J. Jenkins GRANTING Motion for Pro Hac Vice

11 admission of attorney Kay E. Sickles [81]. (slh, COURT STAFF) (Filed on 2/14/2005) (Entered: 02/18/2005) 02/15/ Minute Entry: Motion Hearing held on 2/15/2005 before Judge Jenkins; granting plaintiff's Motion for Final Approval of Settlement, Motion for Approval of Plan of Allocation of Settlement; Motion for Award of Attorneys Fees and Expenses [74]. (Court Reporter - Joan Columbini.) (slh, COURT STAFF) (Date Filed: 2/15/2005) (Entered: 02/18/2005) 02/15/ ORDER by Judge Martin J. Jenkins Approving Plan of Allocation of Settlement. (slh, COURT STAFF) (Filed on 2/15/2005) (Entered: 02/18/2005) 02/15/ ORDER AND FINAL JUDGMENT by Judge Martin J. Jenkins; Civil Case Terminated. (slh, COURT STAFF) (Filed on 2/15/2005) (Entered: 02/22/2005) 02/15/ ORDER by Judge Martin J. Jenkins GRANTING [74] Motion for Attorney Fees. (slh, COURT STAFF) (Filed on 2/15/2005) (Entered: 02/22/2005) 02/18/ AMENDED ORDER by Judge Martin J. Jenkins awarding attorney's fees in the amount of $3,450,000 and reimbursement of expenses in the amount of $87, (slh, COURT STAFF) (Filed on 2/18/2005) (Entered: 02/23/2005) 03/30/ TRANSCRIPT of Proceedings held on 2/15/05 before Judge Jenkins. Court Reporter: Jaon Columbini. (slh, COURT STAFF) (Filed on 3/30/2005) (Entered: 03/31/2005) 01/25/ MOTION for Distribution of Class Settlement Fund filed by Lead Plaintiffs. Motion Hearing set for 3/7/ :30 AM. (slh, COURT STAFF) (Filed on 1/25/2006) (Entered: 01/26/2006) 01/25/ AFFIDAVIT in Support re [89] MOTION for Distribution of Class Settlement Fund by Neil Esterkin. (slh, COURT STAFF) (Filed on 1/25/2006) (Entered: 01/26/2006) 01/25/ CERTIFICATE OF SERVICE by Neil Esterkin re [89] MOTION for Distribution of Class Settlement Fund, [90] Affidavit (slh, COURT STAFF) (Filed on 1/25/2006) (Entered: 01/26/2006) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at